Baldwin Park Municipal Code § 127.15 Public Nuisance Prohibited

It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, testing, or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist if such activity produces:

(A) Odors. Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public.

(B) Repeated responses. Repeated responses to the licensed premises by law enforcement personnel.

(C) Disruption to free passage. A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise, exceeding noise levels set by Baldwin Park Zoning Code § 153.140.070, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.

(D) Other disruption activity. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the building, excessive vehicular traffic or parking occurring at or near premises, and excessive noise emanating from the premises.

(E) Outdoor commercial cannabis activity. Outdoor growing and cultivation of cannabis.

(F) Commercial cannabis production activity without a valid city permit and business license.

(Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)

(A) Permit revocation. The Chief Executive Officer may revoke a permit upon a finding of any of the following:

(1) The permit was obtained or extended by false, misleading or incomplete information;

(2) The use or development for which such approval was granted has ceased to exist by voluntary abandonment;

(3) One or more of the conditions upon which the permit was approved have been violated, or have not been complied with;

(4) One of the grounds for permit denial or revocation listed in § 127.10 exists;

(5) The use or development has violated another ordinance or law; or

(6) The use or development under the permit is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a public nuisance.

(B) Revocation initiation. The revocation of a permit may be initiated by the Chief Executive Officer or their designee. The notice of revocation shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated.

(C) Permit revocation public hearing. A hearing by the Chief Executive Officer or their designee is required for any action to revoke a permit. Pursuant to the hearing and the facts determined pursuant thereto, the Chief Executive Officer may revoke the permit, refuse to revoke the permit or modify or delete conditions of approval or add new conditions of approval in order to address the issues raised in the revocation hearing.

(Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)